HomeMy WebLinkAboutORD 2006-63 - REZ Airborn,IncAn Ordinance of the City Council of the City of Georgetown, Texas, amending part of the
Zoning District Map adopted on the 41h Day of April 2002 in accordance with the Unified
Development Code passed and adopted on the 1VI, Day of March 2003, to Change 2.91 acres in
the Nicholas Porter Survey, Abstract No. 497, as recorded in Volume 1094, Page 739 of the
Official Records of Williamson County, Texas from RS, Residential Single Family District to IN,
Industrial Districts repealing conflicting ordinances and resolutions; including a severability
clause; and establishing an effective date.
Whereas, an application has been made to the City Council for the Purpose of changing the
Zoning District Classification of the following described real property ("The Property"):
2.91 acres in the Nicholas Porter Survey, Abstract No. 497, as recorded in Volume
1094, Page 739 of the Official Records of Williamson County, Texas hereinafter
referred to as "The Property";
Whereas, the City Council has submitted the proposed change in the Base Ordinance to the
Planning and Zoning Commission for its consideration in a public hearing and for its
recommendation or report; and
Whereas, notice of such hearing was published in a newspaper of general circulation in the
City; which stated the time and place of hearing, which time was not earlier than fifteen (15) days
for the first day of such publication; and
Whereas, written notice was given not less than fifteen (15) days before the date set for the
meeting before the Planning and Zoning Commission to all the owners of the lots within two
hundred feet of the property, as required by law; and
Whereas, the applicant for such zoning change placed on the property such sign(s) as
required by law for advertising the Planning and Zoning Commission hearing, not less than fifteen
(15) days before the date set for such hearing; and
Whereas, the City Planning and Zoning Commission in a meeting held on June 6, 2006
recommended Approval of the requested zoning change for the above described property from RS,
Residential Single Family District to IN, Industrial District, in accordance with attached Exhibit A.
Airborn, Inc.
Rezoning from RS to IN
Pagel of 3
Now, therefore, be it ordained by the City Council of the City of Georgetown, Texas, that06
::
Section 1. The facts and recitations contained in the preamble of this ordinance are hereby
found and declared to be true and correct, and are incorporated by reference herein and expressly
made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance
implements the following objective of the Georgetown Century Plan, Future Land Use and
Thoroughfare Plan:
• Goal 13: Ensure that the Future Land Use Plan provides for an adequate amount of non-
residential land use that is diversified such that future economic development
opportunities provide the City with a positive fiscal outlook.
• Objective 1.3: Ensure that new developments will be compatible with existing land uses
in terms of use, density, building heights, scale and offsite effects.
• Objective 1.5: Require zoning change requests to be consistent with the Future Land Use
Plan.
The proposed IN, Industrial zoning district is consistent with the proposed use of
the site and the "Industrial" land use designation,
and further finds that the enactment of this ordinance is not inconsistent or in conflict with any
other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy
Plan.
Section 2. The Base Ordinance and the Zoning Map of the City, as well as the Zoning
District for the Property shall be and the same is hereby changed from from RS, Residential Single
Family District to IN, Industrial District in accordance with attached ExhibitA which is attached
hereto and incorporated by reference herein, is hereby adopted by the City Council of the City of
Georgetown, Texas.
Section 3. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict
with this Ordinance are hereby repealed, and are no longer of any force and effect.
Section 4. If any provision of this Ordinance or application thereof to any person or
circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or
application thereof, of this Ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this Ordinance are hereby declared to be severable.
Section 5. The Mayor is hereby authorized to sign this Ordinance and the City Secretary to
attest. This Ordinance shall become effective and be in full force and effect on the date of final
adoption by City Council.
0 .4Q00(i _ (03
Airborn, Inc.
Rezoning from RS to IN
Page 2 of 3
PASSED AND APPROVED on First Reading on the27th day of June 2006,
PASSED AND APPROVED on Second Reading on thellth day of July2006.
ATTEST:
Sandra D. Lee
City Secretary
APPROVED AS TO
Patricia E. Carls
City Attorney
J: \ CUR_PLAN \ REZONE \ REPORT \ 2006 \ Airborn.ORD.doc
l)o A00(0p&3
Airborn, Inc.
Rezoning from RS to IN
Page 3 of 3
THE CITY OF GEORGETOWN:
Nelon
EXHIBIT A
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Miles
0 0.05 0.1 0.2 0.3 0.4
Legend
Porter Surve
Site oe
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(Property and boundary fines are approximate`
Parcel Boundaries 0OADq i�
b
ORDINANCE .f t'.
An Ordinance of the City Council of the City of Georgetown, Texas, amending part of the
Zoning District Map adopted on the 41h Day of April 2002 in accordance with the Unified
Development Code passed and adopted on the 11th Day of March 2003, to Change 29.13 acres in
the William Roberts Survey, Abstract No. 524, being a portion of Berry Creek Section Five as
recorded in Cabinet H, Slide 377 of the Official Plat Records of Williamson County, Texas from
RS, Residential Single Family District with a Planned Unit Development Overlay District, to RS,
Residential Single Family District; repealing conflicting ordinances and resolutions; including a
severability clause; and establishing an effective date.
Whereas, an application has been made to the City Council for the Purpose of changing the
Zoning District Classification of the following described real property ('The Property"):
29.13 acres in the William Roberts Survey, Abstract No. 524, being a portion of Berry
Creek Section Five as recorded in Cabinet H, Slide 377 of the Official Plat Records of
Williamson County, Texas hereinafter referred to as 'The Property";
Whereas, the City Council has submitted the proposed change in the Base Ordinance to the
Planning and Zoning Commission for its consideration in a public hearing and for its
recommendation or report; and
Whereas, notice of such hearing was published in a newspaper of general circulation in the
City; which stated the time and place of hearing, which time was not earlier than fifteen (15) days
for the first day of such publication; and
Whereas, written notice was given not less than fifteen (15) days before the date set for the
meeting before the Planning and Zoning Commission to all the owners of the lots within two
hundred feet of the property, as required by law; and
Whereas, the applicant for such zoning change placed on the property such sign(s) as
required by law for advertising the Planning and Zoning Commission hearing, not less than fifteen
(15) days before the date set for such hearing; and
Whereas, the City Planning and Zoning Commission in a meeting held on June 6, 2006
recommended Approval of the requested zoning change for the above described property from RS,
Residential Single Family District with a Planned Unit Development Overlay District, to RS,
Residential Single Family District in accordance with attached Exhibit A.
OPLO aoo(p�(Pq
Berry Creek Section 5, Phase Two
Rezoning from PUD to RS
Pagel of 3
Now, therefore, be it ordained by the City Council of the City of Georgetown, Texas, that::
Section 1. The facts and recitations contained in the preamble of this ordinance are hereby
found and declared to be true and correct, and are incorporated by reference herein and expressly
made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance
implements the following objective of the Georgetown Century Plan, Future Land Use and
Thoroughfare Plan:
• Objective 1.3: Ensure that new developments will b compatible with existing land uses in
terms of use, density, building heights, scale and offsite effects.
• Objective 1.5: Require zoning change requests to be consistent with the Future Land Use
Plan.
and further finds that the enactment of this ordinance is not inconsistent or in conflict with any
other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy
Plan.
Section 2. The Base Ordinance and the Zoning Map of the City, as well as the Zoning
District for the Property shall be and the same is hereby changed from RS, Residential Single Family
District with a Planned Unit Development Overlay District, to RS, Residential Single Family District,
in accordance with attached Exhibit A which is attached hereto and incorporated by reference
herein, is hereby adopted by the City Council of the City of Georgetown, Texas,
Section 3. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict
with this Ordinance are hereby repealed, and are no longer of any force and effect.
Section 4. If any provision of this Ordinance or application thereof to any person or
circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or
application thereof, of this Ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of thisOrdinance are hereby declared to be severable.
Section 5. The Mayor is hereby authorized to sign this Ordinance and the City Secretary to
attest. This Ordinance shall become effective and be in full force and effect on the date of final
adoption by City Council.
om OlDo(v'&4
Berry Creek Section 5, Phase Two
Rezoning from PUD to RS
Page 2 of 3
PASSED AND APPROVED on First Reading on the27th day of June 2006,
PASSED AND APPROVED on Second Reading on the11th day of July 2006.
ATTEST:
Sandra D. Lee
City Secretary
APPROVED AS TO FORM:
E. Carls
City Attorney
THE CITY OF GEORGETOWN:
Mayor
J: \ CUR_PLAN \ REZONE \ REPORT \ 2006 \ BerryCreek 5Ph2.ORD.doc
..100cc — &q
Berry Creek Section 5, Phase Two
Rezoning from PUD to RS
Page 3 of 3
0 0.05 0.1
EXHIBIT A
Miles
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Site
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Zoning District Boundaries
0.4 0.5
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(Properly and boundary fines are approximate)
Parcel Boundaries
F - - City Limit
An Ordinance of the City Council of the City of Georgetown, Texas, amending part of the
Zoning District Map adopted on the 41h Day of April 2002 in accordance with the Unified
Development Code passed and adopted on the 111h Day of March 2003, to Change 24.732 acres
out of in the Antonio Flores Survey, Abstract No. 235, as Recorded in Volume 1975, Pages 64-82
of the Official Deed Records of Williamson County, Texas from AG, Agriculture District
Classification to C1, Local Commercial District Classification; repealing conflicting ordinances
and resolutions; including a severability clause; and establishing an effective date.
Whereas, an application has been made to the City Council for the Purpose of changing the
Zoning District Classification of the following described real property ("The Property"):
24.732 acres out of in the Antonio Flores Survey, Abstract No. 235, as Recorded in
Volume 1975, Pages 64-82 of the Official Deed Records of Williamson County, Texas,
hereinafter referred to as "The Property';
Whereas, the City Council has submitted the proposed change in the Base Ordinance to the
Planning and Zoning Commission for its consideration in a public hearing and for its
recommendation or report; and
Whereas, notice of such hearing was published iin a newspaper of general circulation in the
City; which stated the time and place of hearing, which time was not earlier than fifteen (15) days
for the first day of such publication; and
Whereas, written notice was given not less than fifteen (15) days before the date set for the
meeting before the Planning and Zoning Commission to all the owners of the lots within two
hundred feet of the property, as required by law; and
Whereas, the applicant for such zoning change placed on the property such sign(s) as
required by law for advertising the Planning and Zoning Commission hearing, not less than fifteen
(15) days before the date set for such hearing; and
Whereas, the City Planning and Zoning Commission in a meeting held on April 4, 2006
recommended Approval of the requested zoning change for the above described property from AG,
Agriculture District Classification to C1, Local Commercial District Classification, in accordance
with attached Exhibit A.
ORD. 0,00&- (try
24 Acres Flores Survey
AG to Cl
Paee i of 3
Now, therefore, be it ordained by the City Council of the City of Georgetown, Texas, that::
Section 1. The facts and recitations contained in the preamble of this ordinance are hereby
found and declared to be true and correct, and are incorporated by reference herein and expressly
made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance
implements the following objective of the Georgetown Century Plan, Future Land Use and
Thoroughfare Plan:
The proposed C-1, Local Commercial district implements the following Goals / Policies of the
future Land Use Plan:
• Objective 1.3: Ensure that new developments will b compatible with existing land uses
in terms of use, density, building heights, scale and offsite effects.
Objective 1.5: Require zoning change requests to be consistent with the Future Land Use
Plan.
The proposed C-1, Local Commercial zoning district is consistent with the
"Commercial" land use designation.
• Objective 6.1: Ensure that development regulations promote the ability to develop a
variety of housing types throughout the City.
and further finds that the enactment of this ordinance is not inconsistent or in conflict with any
J
other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy
Plan,
Section 2. The Base Ordinance and the Zoning Map of the City, as well as the Zoning
District for the Property shall be and the same is hereby changed from AG, Agriculture District
Classification to C1, Local Commercial District Classification, in accordance with attached Exhibit A
which is attached hereto and incorporated by reference herein, is hereby adopted by the City
Council of the City of Georgetown, Texas subject to the following:
• Development of the subject property shall incorporate a multi -family component
consisting of a minimum number of 160-units.
Section 3. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict
with this Ordinance are hereby repealed, and are no longer of any force and effect.
Section 4. If any provision of this Ordinance or application thereof to any person or
circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or
application thereof, of this Ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this Ordinance are hereby declared to be severable.
O RD. =0(O iV%5
24 Acres Flores Survey
AG to C 1
Pa,ae 2 of 3
Section 5. The Mayor is hereby authorized to sign this Ordinance and the City Secretary to
attest. This Ordinance shall become effective and be in full force and effect on the date of final
adoption by City Council.
PASSED AND APPROVED on First Reading on the25th day of April 2006.
PASSED AND APPROVED on Second Reading on the25th day of July 2006.
ATTEST:
Sandra D. Lee
City Secretary
APPROVED AS TO FORM:
tricia E. Carls
City Attorney
THE CITY OF GEORGETOWN:
J J
Mayor
J: \ CUR_PLAN \ REZONE \ REPORT\ 2006 \ FloresSvy24acres.Ordinance.doc
24 Acres Flores Survey
AG to Cl
Page 3 ol'3
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Zoning District Legend
AG - Agricultural
RS - Residential Single -Family
TF - Two Family
MF - Multifamily
C-1 - Local Commercial
C-2 - Downtown Commercial
C-3 - General Commercial
OF - Office
IN - Industrial
,
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RS
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(Property and bounda 11 nes are approximate)
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, AMENDING SEVERAL PROVISIONS OF TITLE 7
OF THE CODE OF ORDINANCES RELATING TO ANIMALS IN RESPONSE
TO RECOMMENDATIONS FROM AN AUDIT PERFORMED BY THE
HUMANE SOCIETY OF THE UNITED STATES; REPEALING
CONFLICTING PROVISIONS; PROVIDING A SEVERABILITY CLAUSE;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Humane Society of the United States performed an audit and issued a final
report in November 2005 containing specific recommendations regarding the operation of the
Georgetown Animal Services; and
WHEREAS, recommendations made in the final report of the Humane Society of the United
States addressed updating the current provisions in the Code of Ordinances regarding animals;
and
WHEREAS, the Council recognizes that its Code of Ordinances is in need of amendment to
address these recommendations, and
WHEREAS, the Council finds that amending its ordinance regarding animals to reflect the
recommendations made is ii1 the best interest of the City of Georgetown.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, THAT:
SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby
found and declared to be true and correct, and are incorporated by reference herein and
expressly made a part thereof, as if copied verbatim. The City Council hereby finds that this
ordinance implements the following Century Plan Element:
3.0 City owned, sponsored or managed health and human services enhance the quality of life
of the citizens of Georgetown.
The City Council further finds that the enactment of this ordinance is not inconsistent or in
conflict with any other Century Plan Policies, as required by section 2.03 of the Administrative
Chapter of the Policy Plan,
Ord. No.
Amending Code Chapter 7 Animals
Page 1 of 13 Pages
SECTION
2.
Section
7.01.010
of
the
Georgetown Code of Ordinances (pertaining to
"Definitions.")
is hereby
amended
to
read
as follows:
Sec.7.01.010. Definitions.
When used in the City of Georgetown Code of Ordinances, Title 7, the following words
and terms, unless the context indicates a different meaning, shall be interpreted as
follows:
No changes needed to definitions "Animal" through "Dangerous animal."
"Dangerous dog" means a dog that
A. makes an unprovoked attack on a person that causes bodily injury and
occurs in a place other than an enclosure in which the dog was being kept and
that was reasonably certain to prevent the dog from leaving the enclosure on its
own; or
B. commits unprovoked acts in a place other than an enclosure u1 which the dog
was being kept and that was reasonably certain to prevent the dog from leaving
the enclosure on its own and those acts cause a person to reasonably believe that
the dog will attack and cause bodily injury to that person.
No changes needed to definitions "Domestic animal" through "Harboring."
"Kennel" means any facility where more than five dogs and/or cats are being kept for
boarding, training or breeding purposes.
No changes needed to definition "Multiple pet owner."
No changes needed to definitions "Nuisance" through "Pet animal."
"Potentially dangerous dog" means any dog which is not considered a danger to
persons as described in Texas Health and Safety Code Chapter 822 Subchapter A, but
which, when unprovoked:
1. attacked and caused less than serious bodily injury to a person while the dog
was not inside an enclosure in which the dog was being kept;
2. chases or approaches a person upon the streets, sidewalks or any public or
private place outside of a secure enclosure in which the dog was being kept in an
apparent attitude of attack such that the person reasonably believes the dog will
cause bodily injury;
Ord. No. 00 m
Amending Code Chapter 7 Animals
Page 2 of 13 Pages
3. commits an act, in a place other than in a secure enclosure in which the dog is
being kept, that causes a person to reasonably believe the dog will attack and
cause them bodily harm; or
4. kills or seriously jinures a domestic animal while not inside a secure
enclosure on the owner's property.
No changes needed to definitions "Poultry" to "Prohibited animals."
No changes needed to definitions "Quarantine" to "Restricted animals."
"Running at large" means any domestic animal:
A. That is not a pet cat, is off the property of the owner and is not restrained by
means of a leash or other physical apparatus of sufficient strength and length to
control the actions of such animal;
B. That is a cat and is causing a nuisance while off the property of its owner;
C. That is on the property of the owner and is not confined to the property of
the owner by a fenced enclosure that will prevent the dog from leaving on its
own or by means of a chain or other physical apparatus of sufficient strength,
and so arranged as, to prevent the animal from leaving the property of the
owner; or
D. That is in a parked vehicle and is not restrained in a way so as to prevent the
animal from leaving the vehicle on its own.
"Secure enclosure" means a fenced area or structure that is:
A. locked;
B. capable of preventing the entry of the general public, including children;
C. capable of preventing the escape or release of a dog;
D. clearly marked as containing a dangerous dog; and
E. in conformance with the requirements for enclosures established by the local
animal control authority.
"Serious bodily injury" means an injury characterized by severe bite wounds or severe
ripping and tearing of muscle that would cause a reasonably prudent person to seek
treatment from a medical professional and would require hospitalization without regard
to whether or not the person actually sought medical treatment.
No changes needed to definitions "Severe attack" through "Wildlife."
SECTION 3. Section 7.02.010, Chapter 7.02 of the Georgetown Code of Ordinances (pertaining
to "Vaccination.") is hereby amended to read as follows:
Ord. No. 01
Amending Code Chapter 7 Animals
Page 3 of 13 Pages
Sec. 7.02.010. Vaccination.
Every owner of a dog or cat over the age of three months shall have such animal
vaccinated against rabies virus in accordance with Title 25 of the Texas Administrative
Code, Chapter 169, Subchapter A, Section 160.29.
SECTION 4. Section 7.02.040, Chapter 7.02 of the Georgetown Code of Ordinances (pertaining
to "License required.") is hereby amended to read as follows:
Sec. 7.02.040. Pet license required.
All dogs and cats three months of age or older which are kept, harbored or
maintained within the City limits shall be licensed with the Animal Services
Department. Cat and dog licenses shall be provided by the Animal Services Department
or their agent upon payment of the required fee and presentation of proof of vaccination
against rabies virus in accordance with Sec. 7.02.010 of this title. The license record shall
include the name, address and telephone number of the owner, and the type, breed,
color, name and sex of the cat or dog to be licensed and the veterinarian that vaccinated
the pet against rabies. Such licenses shall be valid for one year after the date of issue.
SECTION 5. Section 7.02.070, Chapter 7.02 of the Georgetown Code of Ordinances (pertaining
to `Revocation of license.") is hereby deleted in its entirety.
SECTION 6. Section 7.04.030, Chapter 7.04 of the Georgetown Code of Ordinances (pertaining
to "Quarantine of dogs and cats - Disposition of suspected animals.") is hereby amended as
follows:
Sec. 7.04.030. Quarantine of rabies suspected animals.
Any dog, cat or domestic ferret that has bitten a person or scratched a person in a
way to cause them to reasonably believe the scratch exposed the person to rabies
virus shall be treated in accordance with Texas Health and Safety Code Chapter
826 and Title 25 of the Texas Administrative Code Chapter 169, Section 169.27.
SECTION 7. Section 7.04.040, Chapter 7.04 of the Georgetown Code of Ordinances (pertaining
to "Providing care required.") is hereby amended as follows:
Sec. 7.04.040. Providing care required.
Ord. No. AMP"'(49(49
Amending Code Chapter 7 Animals
Page 4 of 13 Pages
No owner shall fail to provide proper care to any animals in their custody. Said
care shall consist of:
A. providing sufficient good and wholesome food to meet the animal's health
requirements;
B. providing clean, potable water for drinking;
C. providing adequate shelter from all weather conditions. Said shelter shall
consist of:
1. a structure with three sides, a roof and a floor that prevents rain or other
precipitation from entering; or
2. a structure of dome, or other, shape with a floor that provides the animal
with shelter from all weather conditions.
D. providing access to shade for any animal outdoors when the temperature is
above 80 degrees Fahrenheit;
E. providing medical care when needed to prevent suffering;
F. grooming when lack thereof would adversely affect the health of the animal;
and
G. humane care and treatment.
SECTION 8. Section 7.04.050, Chapter 7.04 of the Georgetown Code of Ordinances (pertaining
to "Cruel treatment.") is hereby amended as follows:
Sec. 7.04.050. Cruel treatment.
No person shall:
A. beat, cruelly ill treat, torment, mentally abuse, overload, overwork, or
otherwise abuse an animal;
B. causeor instigate any dog fight, cock fight, bull fight or other combat
between animals or between animals and humans;
C. confine
an animal in a
manner which
would cause the animal pain or
suffering or
would endanger
the health of the
animal; or
Ord. No. a O °
Amending Code Chapter 7 Animals
Page 5 of 13 Pages
D. abandon an animal in their custody.
SECTION 9. Section 7.04.060, Chapter 7.04 of Chapter 7.04 (pertaining to "Abandonment.") is
deleted and hereby replaced as follows:
Sec.7.04.060. Enforcement.
For purposes of enforcement of Section 7.04.040 and Section 7.04.050 of this title,
Animal Services representatives shall be authorized to enter onto private property if said
representative observes, by reasonable means, an animal that appears to be in distress or
in danger.
SECTION 10. Section 7.05.010, Chapter 7.05 of the Georgetown Code of Ordinances (pertaining
to "Nonregisterable dangerous dogs.") is deleted and hereby replaced as follows:
Sec. 7.05.010. Determination of a dangerous dog.
A dog is determined to be a dangerous dog under this article if it meets the
definition in Section 7.01.010 of this title and:
A. an owner of the dog in question knows of such an attack or occurrence as
defined in Section 7.01.010 of this title, or
B. the owner is notified by the Animal Services Department that the dog in
question is a dangerous dog. The Animal Services Department may determine a
dog is a dangerous dog if:
1. upon receipt of an affidavit of complaint signed by one or more persons,
made under oath before a person authorized by law to take sworn statements
or made before a City of Georgetown Animal Control Officer, describing an
act listed in Section 7.01.010 of this title and set forth as follows:
a, nature and the date of the act described in Section 7.01.010;
b. the location of the event;
c. the name and address of the owner of the dog in question; and
d. the description of the animal in question; and
2. the Animal Services Department has been notified by another agency that
the dog in question has been determined to be a dangerous dog according to
Texas Health and Safety Code Chapter 822, Subchapter D. The owner of the
Ord. No. 4 004 "4
Amending Code Chapter 7 Animals
Page 6 of 13 Pages
dog in question can not appeal a determination of dangerousness made by
notification by another agency to the Municipal Court.
SECTION 11: Section 7.05.020, Chapter 7.05 of the Code of Ordinances (pertaining to
"Determination of nonregisterable dangerous dog.") is hereby deleted as follows:
Sec.7.05.020.
SECTION 12: Section 7.05.030, Chapter 7.05 of the Code of Ordinances (pertaining to
"Determination of nonregisterable dangerous dog.") is hereby re -numbered as Section 7.05.020
and amended as follows:
Sec. 7.05.020. Notification,
The Animal Services Department shall notify the owner of a dog determined to
be a dangerous dog in a timely manner. Such notification will be in writing and:
A. be delivered by an Animal Services representative in person to the owner of
the dog in question; or
B. be sent to the owner of the dog in question through certified mail, return
receipt requested. In the event certified mail, return receipt requested, cannot be
delivered, Animal Services personnel may attach notification of determination to
the door of the residence of the owner of the dog in question facing a public
street and send notification through ordinary mail.
Date of notification will be the date that written notification was delivered in
person to the owner of the dog in question or the date specified as received on the
receipt for certified mail or the date notification was attached to the door of the
residence of the owner of the dog in question.
SECTION 13. Section 7.05.030 to be titled "Appeal." is hereby adopted to replace the section re-
numbered Section 7.05.020 (see above) as follows:
Sec. 7.05.030. Appeal.
Appeal of determination of dangerous dog must be made in writing by the
owner of the dog in question to Municipal Court on a date not later than the fifteenth
day after the date of notification. If such appeal is not made before the specified time,
the determination by Animal Services will be final. The owner of the dog must then
comply with the requirements for the keeping of a dangerous dog as set forth in Section
Ord. No. °
Amending Code Chapter 7 Animals
Page 7 of 13 Pages
7.05.060 of this article within five days of the date the determination becomes final that
the dog is a dangerous dog.
SECTION 14. Sec. 7.05.040 of the Code of Ordinances (pertaining to the "Status of dog pending
appeal.") is hereby renumbered as Sec. 7.05.050 and amended as follows:
Sec.7.05.050. Status of dog pending appeal.
A. If Animal Services has possession of the dog in question at the time of
determination of the dog to be a dangerous dog is made, Animal Services will
maintain possession of the dog and keep it in a secure and humane manner until
final determination is made, unless the owner of the dog requests custody of the
dog in question and complies with subsection C (1) or (2) of this section.
B. If any person other than the owner of the dog in question has possession of
the dog at the time of determination of the dog to be a dangerous dog, such
person shall surrender the dog to Animal Services representatives immediately.
Animal Services will keep the dog in a secure and humane manner until final
determination is made.
C. If the owner of the dog has possess of the dog in question at the time of
determination of the dog to be a dangerous dog:
1. the owner may keep possession of the dog until final determination has
been made provided the owner keeps the dog in an enclosure that
Animal Services representatives deem to be secure enough to prevent the
dog from running at large; or
2. the owner may keep the dog confined at a licensed veterinary clinic, cost
of which will be borne by the owner, until final determination is made; or
3. the owner may surrender the dog to Animal Services representatives, and
Animal Services will maintain possession of the dog and keep it in a
secure and humane manner until a final determination is made.
D. If the dog in question is observed by a representative of Animal Services to be
running at large after the owner of the dog has been notified of the determination
that the dog is a dangerous dog, an Animal Services representative will impound
the dog and it will be kept by Animal Services in a secure and humane manner
until final determination is made.
E. Upon receipt of an affidavit of complaint signed by one or more persons,
made under oath before a person authorized by law to take sworn statements or
Ord. No. L9
Amending Code Chapter 7 Animals
Page 8 of 13 Pages
made before a City of Georgetown Animal Control Officer, stating that the dog
in question was running at large after the owner of the dog was notified of the
determination that the dog is a dangerous dog, the court will issue a seizure
order for the dog in question. A City of Georgetown Animal Control Officer,
accompanied by a City of Georgetown Police Officer, will impound the dog in
question and it will be kept by Animal Services in a secure and humane manner
until final determination is made.
SECTION 15: Section 7.05.040 of the Code of Ordinances (pertaining to Status of dog pending
appeal.) is hereby adopted to replace the section re -numbered Section 7.05.050 (see above), as
follows:
Sec. 7.05.040. Hearing of appeal.
A. Municipal Court shall set a date, time and place for a hearing to determine
the outcome of the appeal of the determination of a dangerous dog. Said hearing
will take place not later than the sixtieth day following the written notification of
such appeal by the owner of the dog in question.
B. The court shall give written notification of said hearing to the owner of the
dog in question at the time of receipt of written notification of appeal of the
determination of a dangerous dog.
C. The court shall give written notification to Animal Services in a timely
manner.
D. Any interested party is entitled to present evidence at the hearing.
E. The court may:
1. uphold the determination by Animal Services that the dog in question is a
dangerous dog and order:
a. the owner of the dog in question to permanently remove the dog in
question from within the city limits of Georgetown; or
b. the owner of the dog in question to comply with the requirements for
keeping of a dangerous dog set forth in Section 7.05.060; or
c. Animal Services to humanely destroy the dog.
2. find the dog is not a dangerous dog and order the dog released to the
owner of the dog or a person authorized to take possession of the dog
Ord. No. _ '~
Amending Code Chapter 7 Animals
Page 9 of 13 Pages
SECTION 16. Section 7.05.050 of the Code of Ordinances (pertaining to "Defense to
determination of a nonregisterable dangerous dog") is hereby re -numbered Section 7.05.080 and
amended as follows:
Sec. 7.05.080. Defense to determination of a dangerous dog.
It is a defense to the determination of a dog as a dangerous dog and to the
prosecution of the owner of that dog:
A. if the threat, injury or damage was sustained by a person who at the time was
committing a willful trespass or other tort upon the premises occupied by the
owner of the dog in question;
B. if the person injured or threatened was teasing, tormenting, abusing or
assaulting the dog or has, in the past, been reported to have teased, tormented,
abused or assaulted the dog;
C. if the person injured or threatened was committing or attempting to commit
a crime;
D. if the dog was protecting or defending a person while in that person's control
from an unjustified attack or assault; or
E. if the dog was injured and responding to pain.
SECTION 17. Sec. 7.05.060 of the Code of Ordinances (pertaining to the "Disposition of a
nonregisterable dangerous dog.") is hereby deleted and replaced as follows:
Sec. 7.05.060 Requirements for keeping a dangerous dog.
A. The owner must provide a secure enclosure that will prevent the dog from
leaving the enclosure on its own and will reasonably prevent any persons except
the owner of the dog from entering the enclosure. Such enclosure must be
inspected and approved by Animal Services before the dog is registered with
Animal Services;
B. A sign identifying the presence of a dangerous dog on the property shall be
posted on the enclosure in which the dog is kept in such a way as to be clearly
visible and readable from any public sidewalk or street adjacent to the enclosure;
Ord. No. o&(
Amending Code Chapter 7 Animals
Page 10 of 13 Pages
C. Current City of Georgetown Pet License;
D. The dog must be physically altered to prevent reproduction. Proof of this
must be presented;
E. Proof of liability insurance of financial responsibility in the amount of at least
$100,000 to cover damages resulting in an attack by the dangerous dog;
F. Register the dangerous dog with Animal Services;
G. Affix a tag provided by Animal Services to the collar of the dangerous dog
and ensure it remains in place;
H. When removed from the secure enclosure the dangerous dog must:
1. Be muzzled in a way to not cause injury to the dog, nor interfere with the
dog's vision or breathing, but shall prevent the dog from biting another
animal or a person;
2. Be restrained at all times on a leash or chain capable of restraining the
dog without breaking and not more than six feet in length.
I. Prior to selling or moving a dog registered with Animal Services as a
dangerous dog, the owner must notify Animal Services of the intention to move
the dog and provide Animal Services with a clear description of the location
where the dog is to be moved;
Any person bringing a dog into the City limits of Georgetown that has been
determined dangerous by another animal control agency must notify Animal
Services of the presence of the dangerous dog and then comply with all the
requirements for the keeping of a dangerous dog set out in this title.
SECTION 18. Sec. 7.05.070 of the Code of Ordinances (pertaining to the "Registerable
dangerous dog.") is hereby deleted and replaced as follows:
Sec. 7.05.070. Violation of requirements for keeping of a dangerous dog.
A. The owner of a registered dangerous dog shall surrender the dangerous dog
to Animal Services or a designated representative of Animal Services if:
Ord. No. `o
Amending Code Chapter 7 Animals
Page 11 of 13 Pages
1. the owner does not comply with all the requirements for keeping of a
dangerous dog set forth in Sec. 7.05.060. within five days after the final
determination of the dog to be a dangerous dog; or
2. the registered dangerous dog is observed running at large; or
3. an incident described in Section 7.01.010. in the definition of a dangerous
dog in this title occurs.
B. Upon receipt of such registered dangerous dog that has been in violation of
this title, Animal Services shall:
1. Allow the owner of the dog to permanently remove the dog from with
the City limits of Georgetown immediately if the owner informs Animal
Services representative where the dog is to be moved; or
2. humanely destroy the registered dangerous dog within 72 hours of
receiving custody of the dog.
SECTION 19. Sec. 7.05.090 of the Code of Ordinances (pertaining to the "Notification of
declaration of a registered dangerous dog.") is hereby deleted and replaced as follows:
Sec. 7.05.090. Destruction of Dog.
The destruction of a dog under this article must be performed by:
A. a licensed veterinarian; or
B. Animal Services personnel who are trained in the humane destruction of
animals.
SECTION 20. Section 7.05.140 of the Code of Ordinances (pertaining to "Attack by registered
dangerous dog.") is hereby deleted and replaced as follows:
Sec. 7.05.140. Excessive noise.
A. Any person who shall harbor or keep on his premises, or in or about his
premises under his control, any animal which by loud, continual or unusual
noise of any kind which shall cause the peace and quiet of the neighborhood or
the occupant of adjacent premises to be disturbed shall be guilty of a Class "C"
Ord. No. 00'
Amending Code Chapter 7 Animals
Page 12 of 13 Pages
misdemeanor and a separate offense shall be deemed committed upon each day
during or on which such violation occurs or continues.
B. Enforcement of excessive noise violation will consist of a citation to
Municipal Court issued by an authorized representative of Animal Services to
the person in violation after receiving a signed written statement clearly
identifying the person complaining that the noise is disturbing them and clearly
describing the nature of the disturbance. A citation will be issued to the animal
owner if an authorized representative of Animal Services deems the noise
described in the written statement to be a violation of this section.
SECTION 21. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict
with this Ordinance are hereby repealed, and are no longer of any force and effect. If any
provision of this ordinance or application thereof to any person or circumstance shall be held
invalid, such invalidity shall not affect the other provisions, or application thereof, of this
ordinance which can be given effect without the invalid provision or application, and to this
end the provisions of this ordinance are hereby declared to be severable.
SECTION 22. This Ordinance shall become effective in accordance with the City Charter and
the laws of the State of Texas.
PASSED SAND APPROVED on
-- -- 2006.
PASSED AND APPROVED on
2006.
ATTE
Sandra Lee, City Secretary
AP OVED AS TO FORM:
atricia E. Carls, City Attorney
Brown & Carls, LLP
Ord. No. OOZX67 ` &+
Amending Code Chapter 7 Animals
Page 13 of 13 Pages
First Reading on the day of
Second Reading on the Pk day of
GEORGETOWN:
By: ,;/Gary Nelon, Mayor
ORDINANCE NO.
An Ordinance of the City Council of the City of Georgetown, Texas, Renaming a
portion of Ranch Road 2243 to "Leander Road"; Renaming a portion of East State
Highway 29 to "East University Avenue"; both of which were previously annexed
into the City of Georgetown and continuing the naming convention for those
roadways in the City Limits of the City of Georgetown; repealing conflicting
ordinances and resolutions; including a severability clause; and establishing an
effective date.
Whereas, on January 24, 2006, the City adopted an ordinance establishing a uniform
addressing and street naming policy for the City; and
Whereas, due to annexation of areas that include portions of RANCH ROAD 2243 Right of
Way, the continued use of the name "RANCH ROAD 2243" on the newly annexed portion is
inconsistent with the City's street naming policy;
Whereas, due to annexation of areas that include portions of EAST STATE HIGHWAY 29
Right of Way, the continued use of the name "EAST STATE HIGHWAY 29" on the newly annexed
portion is inconsistent with the City's street naming policy;
Whereas, the City Council of the City of Georgetown finds that it is in the public's best
interest to resolve these inconsistencies by assigning names to the subject streets in a manner
consistent with the City's street naming policy.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, THAT:
Section 1. The facts and recitations contained in the preamble of this ordinance are hereby
found and declared to be true and correct, and are incorporated by reference herein and expressly
made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance
implements the Transportation Element of the Century Plan - Policy Plan Element, which states:
"Georgetown's transportation system provides for the safe and efficient movement of traffic,
promotes the economic interests of the community, and adequately serves the needs of individuals";
and further finds that the enactment of this ordinance is not inconsistent or in conflict with any
other Century Plan. Policies, as required by Section 2.03 of the Administrative Chapter of the Policy
Plan,
Section 2. The City Council of the City of Georgetown hereby:
Ordinance No. Pagel of 2
Changes to Street Names
a. Renames the portion of Ranch Road 2243 from the former Georgetown City Limits to
County Road 176 to "Leander Road." Beginning at the 2300 Block and continuing until
the 5000 Block, as illustrated in Exhibit A.
b. Renames the portion of East State Highway 29 from the intersection of Reinhardt Blvd to
Indian Springs Dr to "East University Avenue." Beginning at the 3100 Block and
continuing to the 3400 Block, as illustrated in Exhibit B.
Section 3. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict
with this Ordinance are hereby repealed, and are no longer of any force and effect.
Section 4. If any provision of this ordinance or application thereof to any person or
circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or
application thereof, of this ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are hereby declared to be severable.
Section 5. The Mayor is hereby authorized to sign this ordinance and the City Secretary to
attest. This ordinance shall become effective and be in full force and effect in accordance with the
provisions of the Charter of the City of Georgetown.
PASSED AND APPROVED on First Reading on the 2511, day of July, 2006
PASSED AND APPROVED on Second Reading on the � day of August, 2006.
ATTEST:
Sandra D. Lee, City Secretary
APPROVED AS TO FORM:
Patricia E. Carls, Brown & Carls, LLP
City Attorney
THE CITY OF GEORGETOWN:
Ordinance No, 4;?00 7 Page.) of 2
Changes to Street Name
EXHIBIT A
Legend Rename Annexed portion I
of RR
2243 to "Leander Rd'
0 4k ® ROW to be renamed
boundary lines are approximate)
sucamto (Property